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Saturday, December 7, 2013

Galvan v. Press case brief

Galvan v. Press case brief summary
347 U.S. 522 (1954)

CASE SYNOPSIS

Petitioner sought review of a judgment
from the United States Court of Appeals for the Ninth Circuit that
ordered him deported, pursuant to § 22 of the Internal Security Act
of 1950 (Act), 64 Stat. 987, on grounds that petitioner had admitted
having been a member of the Communist Party. Petitioner contended
that the Act, as construed and applied against him, was
unconstitutional.

CASE FACTSPetitioner sought review of a judgment
that ordered him deported, pursuant to § 22 of the Internal Security
Act of 1950, 64 Stat. 987, authorizing his deportation by virtue of
his past membership in the Communist Party.

DISCUSSION

On
certiorari the Court affirmed.

The Court rejected petitioner's
contention that the term "member," as used in the Act,
included only those who joined the Party fully aware of its advocacy
of the violent overthrow of the United States' government and that,
because he was not aware of the Party's purpose when he joined it,
the Act as applied to him was unconstitutional.

Rather, the Court
ruled that because the evidence clearly and substantially showed that
petitioner willingly joined the Party, freely talked about his
membership, and participated in the Party's activities, he was a
member of the Party and subject to deportation.

Specifically, the
court ruled that "member" could not be construed to include
only those who joined the Party with full knowledge of its purpose
and that the classification so devised by § 22 was not so baseless
as to be violative of due process and, therefore, beyond the power of
Congress over the admission and deportation of aliens.

CONCLUSION
The Court affirmed a judgment ordering petitioner to be deported;
the classification by Congress, providing for deportation of any
alien who was a member of the Communist Party (Party), was not so
baseless as to be violative of due process and therefore beyond the
power of Congress over the admission and deportation of aliens. It
was not germane that petitioner, at the time he willingly joined the
Party, was unaware of the Party's purpose.Suggested law school course materials, hornbooks, and guides for Constitutional Law
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